Legislation Related to Forensic Nursing in Virginia


Virginia Sexual Assault Forensic Examiner Program
  • § 9.1-191. Virginia sexual assault forensic examiner coordination program. 
PERK Legislation
  • § 19.2-11.01.(f) Crime victim and witness rights.
    • Victims of sexual assault, as defined in § 19.2-11.5, shall be advised of their rights regarding physical evidence recovery kits as provided in Chapter 1.2 (§ 19.2-11.5 et seq.).

  • Chapter 1.2. Physical Evidence Recovery Kits
    • § 19.2-11.5.      Definitions.
    • § 19.2-11.6.      Anonymous physical evidence recovery kits.
    • § 19.2-11.7.      Law enforcement taking possession of physical evidence recovery kits.
    • § 19.2-11.8.      Submission of physical evidence recovery kits to the Department (Virginia Department of Forensic Science – DFS).
    • § 19.2-11.9.      Lack of compliance with procedures.
    • § 19.2-11.10.    Expungement of DNA profile.
    • § 19.2-11.11.    Victim's right to notification of scientific analysis information.
    • § 19.2-11.12.    Costs of physical evidence recovery kits.
    • § 19.2-11.13.    Physical Evidence Recovery Kit Tracking System.

  • Payment of Fees
    • § 19.2-165.1. Payment of medical fees in certain criminal cases; reimbursement.
      • Stating that medical fees expended when gathering evidence will be paid by the Commonwealth of Virginia; victims are not required to participate in the criminal justice system to be provided with forensic medical exams
    • § 19.2-368.11:1(F). Amount of award.

  • § 54.1-2970.1. Individual incapable of making informed decision; procedure for physical evidence recovery kit examination; consent by minors.
Services for Survivors of Sexual Assault Article 8
  • § 32.1-162.15:2. (Effective July 1, 2023) Definitions.
  • § 32.1-162.15:3. (Effective July 1, 2023) Services for survivors of sexual assault; plan required.
  • § 32.1-162.15:4. (For effective date, see Acts 2020, c 725) Treatment services.
    • (D): Every treatment hospital shall (i) enter into a memorandum of understanding with at least one rape crisis center for medical advocacy services for survivors of sexual assault and (ii) adopt procedures to ensure compliance with mandatory reporting requirements pursuant to §§ 63.2-1509 and 63.2-1606.
      • § 63.2-1509. Requirement that certain injuries to children be reported by physicians, nurses, teachers, etc.; penalty for failure to report.
      • § 63.2-1606. Protection of aged or incapacitated adults; mandated and voluntary reporting.
  • § 32.1-162.15:5. Transfer services.
  • § 32.1-162.15:6. (Effective July 1, 2023) Services for pediatric survivors of sexual assault; plan required.
  • § 32.1-162.15:7. (Effective July 1, 2023) Inspections; report required.
  • § 32.1-162.15:8. (Effective July 1, 2023) Storage, retention, and dissemination of photographic documentation.
  • § 32.1-162.15:9. (Effective July 1, 2023) Submission of evidence.
  • § 32.1-162.15:10. (Effective July 1, 2023) Complaints.
  • § 32.1-162.15:11. Task Force on Services for Survivors of Sexual Assault.
SART (Sexual Assault Response Team)
  • § 15.2-1627.4. Coordination of multidisciplinary response to sexual assault.
    • A. establishing multidisciplinary response and an annual meeting to discuss implementation policies and establishing guidelines for response, including collection, preservation, and secure storage of evidence from PERK examinations
    • B. listing those invited, including a forensic nurse examiner or other healthcare provider who performs PERK examinations
Compensating Victims of Crime
  • § 19.2-368.3. Powers and duties of Commission.
    • Powers include rule-making regarding payment for PERK exams; requiring and directing medical examinations of victims; etc.


Contact:

Sexual Assault Forensic Services Coordinator
Gleibys Gonzalez (she/her/hers)
Division of Programs and Services, Victims Services
Virginia Department of Criminal Justice Services
1100 Bank Street, Richmond, Virginia 23219
Phone: 804.546.1002
gleibys.gonzalez@dcjs.virginia.gov